← Library
High Court of DelhiCRL.M.C./4240/2019

Kishan Ghashiya & ORS. v. State & ORS.

2019-09-11Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11.09.2019 + CRL.M.C. 4240/2019 KISHAN GHASHIYA & ORS.

..... Petitioners Through Mr. Pinku Singh, Advocate.

versus STATE & ORS.

..... Respondents Through Mr. Panna Lal Sharma, APP with SI Vikash PS Bindapur, SI Balu Ram, PS Sector-23 Dwarka.

Mr. Devanand Prasad, Advocate for R-2 and 3.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) Crl.M.A. 34428/2019 (Exemption) Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. CRL.M.C. 4240/2019 1.

Vide the present petition, the petitioners seek direction thereby quashing FIR No. 256/2016 dated 24.03.2016 , registered at PS - Bindapur for the offences punishable under Sections 323/354A/452/506/34 IPC and all CRL.M.C. 4240/2019 Page 1 of 3

other proceedings emanating therefrom.

2.

Notice issued.

3.

Notice is accepted by learned APP for the State and counsel for the respondents No.2 & 3.

4.

With the consent of the counsel for the parties, the present petition is taken up for final disposal.

5.

The present petition is filed on the ground that the parties have settled their disputes and the respondent Nos. 2 and 3 have no objection if the present petition is allowed.

6.

Respondents No. 2 & 3 are personally present in Court with learned counsel and they have been identified by SI Balu Ram and submits that matter has been settled and they do not wish to prosecute the matter any further.

7.

The petitioners and respondents no.2 and 3 have entered into an amicable settlement vide settlement deed dated 05.08.2019. 8.

Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

9.

For the reasons afore-recorded, the FIR No. 256/2016 dated CRL.M.C. 4240/2019 Page 2 of 3

24.03.2016 registered at Police Station- Bindapur instituted for the offences punishable under Sections 323/354A/452/506/34 of the IPC and consequent proceedings therefrom are quashed.

10.

The petition is allowed accordingly.

11.

Order dasti.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 11, 2019 yo CRL.M.C. 4240/2019 Page 3 of 3